The Court is absolutely wrong on this one. The First Amendment was never intended to protect this kind of filth. The ruling is a complete perversion of the original intent. And for those who will argue the definition of original intent, James Madison wrote,
“I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution. And if that is not the guide in expounding it, there may be no security for a consistent and stable, more than for a faithful exercise of its powers. If the meaning of the text be sought in the changeable meaning of the words composing it, it is evident that the shape and attributes of the Government must partake of the changes to which the words and phrases of all living languages are constantly subject. What a metamorphosis would be produced in the code of law if all its ancient phraseology were to be taken in its modern sense. And that the language of our Constitution is already undergoing interpretations unknown to its founder, will I believe appear to all unbiased Enquirers into the history of its origin and adoption.” –James Madison, letter to Henry Lee, 1824
Our system of government is based upon a system of ordered liberty, and not upon some Libertarian notion of Utopia, where every man is a law unto himself. We live in a society, and the primary purpose of laws is to keep the peace within that society. The WBC is not interested in living peacefully with others. They should be the ones the Court tells to sit down and keep silence, not a grieving family.
The vermin at WBC may arguably have some form of liberty to express their opinion, but that does not nullify the right of the Snyder family to not hear it. The Court’s ruling forces the Snyder’s not only to hear it, but to endure it without recourse. With this ruling, the WBC is not coerced into changing its outrageous behavior. Instead, the Snyder family must alter their normalcy to accommodate a band of villains.
The Court ignores the Snyder’s right to be left alone, preferring an imagined “right” of anti-social, unbalanced neanderthals to spew filth on everyone within earshot. If this case were about physical abuse, the Court’s ruling would be tantamount to the Snyder’s having to endure multiple blows with no remedy for the injuries sustained. Nothing could be more shameful.